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Tracy Morgan Critically Hurt In Crash; Deciding Who Gets Hired; Obama Defends Sgt. Bergdahl Rescue; California Chrome Goes For Triple Crown; Two Girls Charged With Attempted Homicide; Hillary Clinton Touts Her "Hard Choices"

Aired June 07, 2014 - 12:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


FREDRICKA WHITFIELD, CNN ANCHOR: Hello again, I'm Fredricka Whitfield. Here are the top stories we are following in the CNN NEWSROOM. A terrible crash in New Jersey killed one person and sent seven to the hospital. One of those seriously injured, comedian, Tracy Morgan. He is at the hospital right now. We are live in New Jersey for the latest on the victims and what led to this horrific multi-car accident.

Plus, an emotional memorial service for poet, Maya Angelou, is happening right now. First Lady Michelle Obama, Oprah Winfrey, and Bill Clinton all speaking this morning. We have their touching words.

And President Barack Obama is not changing his position on the release of Sergeant Bowe Bergdahl, despite the political fallout. What the president is saying now and the latest on Bergdahl's reintegration process, up next.

Comedy star, Tracy Morgan, is in critical condition after a serious multi vehicle crash involving his limo bus. You may recognize him from the hit show "30 Rock," or from "Saturday Night Live." Police say he was in this limo bus on the New Jersey turnpike early this morning. State police say it flipped over. One person in that vehicle was killed and seven others were hurt.

Alexandra Field is live outside the hospital in New Brunswick, New Jersey. So Alexandra, what more do we know about how this all happened and how Tracy Morgan is doing?

ALEXANDRA FIELD, CNN CORRESPONDENT: Well, Fredricka, his representatives put out a statement this morning a short while ago confirming that he was one of several passengers in the limo bus that overturned. They say his family is by his side right now at Robert Wood Johnson Hospital in New Brunswick, New Jersey. They say he is getting excellent care, but they do not anticipate a change in his condition today.

(BEGIN VIDEOTAPE)

FIELD (voice-over): A horrific scene overnight along the New Jersey turnpike, inside this mangled limo, former SNL cast member and "30 Rock" star, Tracy Morgan.

SGT. GREGORY WILLIAMS, NEW JERSEY STATE POLICE (via telephone): He is in intensive care at Robert Wood Johnson Hospital in New Brunswick. Two tractor-trailers, a limo bus, SUV, a limo bus overturned. Tracy Morgan was in the limo bus, but he is alive.

FIELD: The 45-year-old comedian just had a live performance at the Dover Downs Hotel and Casino in Delaware when the multi-vehicle accident happened around 1:00 a.m. Fellow funny man, (inaudible), posted these pictures on his Facebook page from the event, just before hitting the road back to New York City.

New Jersey State Police tells CNN that one person inside the limo was killed, seven others hospitalized. Morgan remains in intensive care. The accident also involved two cars, seven people including Morgan, were taken to the hospital.

WILLIAMS: No way of knowing whether or not alcohol was involved as of yet. I do not have that information right now. Limited information that I have doesn't indicate that.

FIELD: The turnpike was closed for several hours as investigators combed the area for clues. It has since reopened, but the investigation continues, including trying to determine the cause of the fatal crash.

Morgan joined the cast of "Saturday Night Live" in 1996, but after seven years left to start his own show that bore his name. Ten years later, he came back to NBC and the show "30 Rock," created by SNL co- star, Tina Fey.

Today the outpouring of support from fans and loved ones continues to pour in on social media. Morgan himself tweeting earlier in the week, Dover Downs, I'm coming with truckloads of funny. Delaware stand up get those tickets while you can, baby. (END VIDEOTAPE)

FIELD: Four of the victims from the crash were brought here to this hospital. Three of them are now in critical condition. Police say they're still investigating some of the details of the crash. Fredricka, they haven't been able to say whether or not the passengers in that limo bus or any of the other cars were wearing seat belts.

WHITFIELD: All right, Alexandra Field, thank you so much. Everyone is saying their prayers.

All right, we are going to shift gears quite a bit. Let's talk about jobs and the market, the overall look at the economy. Apparently, there are signs the economic recovery is gaining some traction. We just learned that 217,000 jobs were added to payrolls last month, which means we have regained all jobs lost during the recession. And then added more on top of that.

Our chief business correspondent, Christine Romans, has the numbers.

CHRISTINE ROMANS, CNN CHIEF BUSINESS CORRESPONDENT: Fredricka, four months in a row of pretty strong job growth, and that's important. When you look within the sectors with growing jobs, broad based with lots of different kinds of pay, that's important, because so much of the job creation over the past few years has been low wage jobs, professional business services, 55,000 jobs.

Retail jobs, that's been a common thread, those tend to be lower paid jobs. Health care jobs, you've seen wow, 50 some months of health care job creation, almost a million jobs created in health care over the past 50 months, and manufacturing construction had job gains, all very important.

Wages, something else we watch. When you look at the wages, wages increased a little bit, $24.38 the average hourly wage in America, up about 5 cents. So that's an important number to watch as well. Finally under employment, this is what some call the real unemployment rate. Still too high, but again, it shows you the two speeds of the labor market.

On the one hand, it is getting better, recovering all of the jobs lost now since the great recession. But still a lot more to go. You still have a lot of people who have been side lined by the recovery, want to get in. That's why when you look at some of the polls, people don't feel like the recovery is real to them, at least not yet -- Fredricka.

WHITFIELD: All right, Christine Romans, thank you so much. Reminding Christine, we have more on economic impact of the jobs report on "CNN MONEY" at 2:00 Eastern right here on CNN today.

So let's look behind the numbers. If you're looking for work, what do you need? To which industries do you need to go? Joining me now is Ronald Parker, president and CEO of The Executive Leadership Council, his group represents senior African-American executives at Fortune 500 and equivalent companies. Good to see you.

RONALD PARKER, PRESIDENT AND CEO, THE EXECUTIVE LEADERSHIP COUNCIL: Good to be here.

WHITFIELD: So what are business leaders telling you about the criteria that they're looking for in potential employees, especially since we're seeing most job growth is in the car manufacturing and construction industries?

PARKER: They are looking for innovation. They are looking for ideas, that first mover advantage. They're looking for those individuals who can bring an enthusiastic set of ideas to transform things. So you're seeing growth in the health care sector and you are seeing growth in the automobile sector. We all know that the automobiles are becoming much more interactive with the human being, so technology, innovation, things that will be game changers is what they're looking for as far as attributes from people who are seeking employment.

WHITFIELD: So it certainly seems like the health care industry, you need to have a background or some sort of expertise in health care in order to probably land some of those jobs, but in some of the other industries, you may have never been in the auto industry before or even in construction, but perhaps there's a potential, there's some potential if you have a certain skill set that's applicable in another industry, it is transferrable. How do you convey that when are looking for a job? PARKER: You really want to impress upon an interviewer, person that has the jobs, the ability for you to learn, adapt, and embrace new things being introduced in the marketplace. In health care, the tech sector is important. Your ability to work and interact with technology. In the automobile sector, a lot of the technology is in place in automobiles, so you look for those individuals who have aptitude to learn, to adapt, to grow as those organizations grow.

WHITFIELD: So what's missing in some of the perspective employees that many employers are seeing?

PARKER: What's missing is basically the track record. In years gone by, usually you could go from one job to the next. What's missing for those who are still underemployed, unemployed, the fact that they're not able to see the bridge between what's the gap, what's been filling the gap between your previous job and where you are today, and those who are really being able to explain that very effectively are the ones getting the opportunity. We still see them, unemployment in the minority communities, way, way higher than the 6.3 percent unemployment.

WHITFIELD: Hispanics and African-Americans still seeing the highest unemployment rate. So as you talk to employers, some of your colleagues, what do they need to know? What's the message they need to hear as to why it's a good business plan, opportunity, to diversify their ranks of employees? Of course, expertise is still important, but the makeup of your employee base is also important for business.

PARKER: Fredricka, it is all about innovation, innovation leads to growth. Every organization that I am aware of, for profit organization, is looking to grow. If you have a diverse work force, you are getting a diverse set of ideas. You get perspectives that are unique to the marketplace and you're tapping into an even growing number of consumers who look like the people who will hopefully fill these jobs, and those are the diverse communities in which we serve.

WHITFIELD: Ron Parker, thanks so much.

PARKER: Thanks, pleasure to be here.

WHITFIELD: Thanks for hanging with us. We had quite the morning together, but I know you've enjoyed the Maya Angelou tribute as well we have been seeing all morning long. We're going to take you back to Wake Forest University so you'll get a chance to see how so many turned out there in Winston-Salem to honor the great poet, dancer, civil rights icon, Dr. Maya Angelou next.

(COMMERCIAL BREAK)

WHITFIELD: Welcome back. I am Fredricka Whitfield. President Barack Obama says he saw an opportunity and seized it, in the midst of a fire storm of criticism, the president is defending his decision to trade Army Sergeant Bowe Bergdahl in exchange for five Taliban leaders held at Guantanamo Bay. Erin McPike now has details from the White House.

(BEGIN VIDEOTAPE) ERIN MCPIKE, CNN CORRESPONDENT (voice-over): President Obama returns to Washington from a whirlwind European tour, facing a growing storm over last week's dramatic release of Sergeant Bowe Bergdahl. A key question in this NBC News interview, why didn't he tell Congress beforehand?

BARACK OBAMA, PRESIDENT OF THE UNITED STATES OF AMERICA: We saw an opportunity and we took it and I make no apologies for it. Main concern was that we had to act fast in a delicate situation that required no publicity.

MCPIKE: Sources say the Taliban didn't threaten to kill Bergdahl as administration officials suggested to senators, and lawmakers on both sides of the aisle are skeptical, including Democrat Dianne Feinstein who chairs the Senate Intelligence Committee. She told Bloomberg News.

SENATOR DIANNE FEINSTEIN (D), CALIFORNIA: I don't think there was a credible threat, but I don't know. I have no information that there was.

MCPIKE: What's more, lawmakers from both parties don't buy the administration's initial explanation, that Bergdahl's health was urgently deteriorating. Defense Secretary Chuck Hagel is under pressure to release proof of life video of Bergdahl from last December that the White House showed senators to make that case. Despite the shifting stories and growing political back lash, former Secretary Of State Hillary Clinton defended the president, telling ABC News.

HILLARY CLINTON, FORMER SECRETARY OF STATE: If you look at what the factors were going into the decision, of course, there are competing interests and values. One of our values is we bring everybody home off the battle field, the best we can. It doesn't matter how they ended up in a prisoner of war situation.

MCPIKE: Even General Jim Jones, one of President Obama's former national security advisers has questioned the deal, telling CNN.

GEN. JIM JONES (RETIRED), FORMER NATIONAL SECURITY ADVISER: I come down on the side you don't negotiate with terrorists. I think that's a rock solid principle, and I think once you show that there's weakness there, you open the door for possibly other bad things to happen.

(END VIDEOTAPE)

WHITFIELD: Erin McPike joining us live. Erin, this issue clearly is not going away any time soon. What is next from the White House standpoint or even the lawmakers who have been so critical?

MCPIKE: Fredricka, this fight now moves to the House. So on Monday, five administration officials will brief House members that will be led by Deputy National Security Adviser Tony Blinken, a couple of Defense Department officials, an intelligence official as well as State Department official, and then on Wednesday, the House Armed Services Committee will hold a hearing, and Defense Secretary Chuck Hagel will testify at that hearing and has to answer for many of these questions again -- Fred.

WHITFIELD: All right, Erin McPike, thanks so much from the White House. Appreciate that.

All right, let's talk a little horse racing, shall we? In 1978, that was the last time a horse won the Triple Crown. The horse, Affirm. Could history be made later on today at the Belmont Stakes? California Chrome won the Kentucky Derby and the Preakness. The Belmont Stakes will be run tonight in New York. How might that horse do?

Let's ask Hank Goldberg of ESPN. He is a horse racing expert and he is at the track. Hank, this is the longest track of the three races. Weather is clear. It looks beautiful behind you. Winds are low, but I understand this is a very tricky track. How might California Chrome need to tackle it?

HANK GOLDBERG, ESPN COMMENTATOR: This horse never seems to have a bad day, whether working out, running. He had a terrific workout last weekend. He galloped out every day, even in the slop, couple days ago, he took to it. He is well behaved. The only thing that can do him in is if they turn the temperature up 20 degrees and he cramps up like Lebron James, and that isn't likely.

WHITFIELD: Make sure to drink lots of fluids. I understand this horse is in post number two. I heard that the horse's owner says that's very favorable. Why is post number two so important?

GOLDBERG: Well, inside you could get him in a little trouble, although Secretariat, and I am not comparing him, but there's some speed in the race that might break earlier than him by a fraction, but they're from seven post out, so nobody is going to break in his face. The horses around him are closers. So he is going to get customary, if he breaks cleanly, he is going to get his customary position just off the early speed in the race.

And he figures to run, just off the early speed and make his customary run when he gets near the top of the stretch. And he should have the lead as he has -- if I took his last four races, he is so consistent, and I scramble them, ran them back for you, you couldn't tell the difference. He always runs the same way.

The key is that there's a long run-down the Belmont back stretch, it is such a big race track, and Victor Espinosa has been racing here all week, and he can't push him. He has to run I him back a little, so he has something left for the stretch run, yes. So the closers don't catch him at the end.

WHITFIELD: You mentioned Secretariat. That was 1972. Affirmed, '78, all extraordinary horses. You know, this horse doesn't really have the pedigree, which makes it such an incredible story. But there's a lot said about this whole nose strip thing on this horse, California Chrome. Does it make a difference, is it just something that has been, you know, an interesting notable thing to talk about? Has it impacted the way this horse coming out of nowhere has been able to run? GOLDBERG: You know, that nose strip doesn't mean a thing. It helps people breathe a little easier, helps people who have sleep disorders sleep better at night. It won't affect him in the slightest, it was no big deal, believe me.

WHITFIELD: OK. Then this jockey, Victor Espinosa, doesn't necessarily have the best track record on this track, but your feeling is he has come to know the horse, he knows that this horse may want to go full out the whole way, but that he has to hold it back because this is that mile and a half track?

GOLDBERG: Well, he has to let the horse do his normal thing, and it is a jockey's race because of the unusual long run as I said down the back stretch. Espinosa has raced here all week. He came in early. He's had two winners so far this week, and his agent booked him in a mile and a half race earlier this afternoon, so he is going to have some experience.

The one thing, John Velasquez, a very experienced rider here, will be on a horse called Right on Curlin, who was second in the Preakness. I spoke with his people. They want to have him a little closer to the pace so he doesn't make such a late run this time.

And they're very high on their chances. But he may run a bit closer up, like I said, and not let Chrome get too far ahead of him. So we'll see if that works out for them. I think we're going to see history this afternoon.

WHITFIELD: OK! All right. You're saying this will be a history making day. Hank Goldberg, thanks so much. I am sure the owners of California chrome are hoping that as well. Thanks so much. Good to see you. Have fun out there.

So California Chrome is trying to win the Triple Crown, and there is of course plenty at stake in this race. The horse's owners would pocket roughly $800,000 for the win. Not a bad payoff for a horse that cost a mere $8,000 for them. Far less than the average $130,000 or so for a thoroughbred of this caliber.

There are some reports the horse could be sold for breeding and all that good stuff, $10 million might be the price tag if this horse does win the Triple Crown. And it could earn more than 3 million in prizes for winning all three races in the end. We will have much more straight ahead.

(COMMERCIAL BREAK)

WHITFIELD: Bowe Bergdahl's re-entry into civilian life is likely to be pretty long and very difficult. Not only for Bergdahl but also for his family. Martin Savidge is live in San Antonio where Bergdahl will eventually continue his recovery process after leaving Germany. Martin, why will Bergdahl be going to San Antonio? Why is that the place for part of his reintegration?

MARTIN SAVIDGE, CNN CORRESPONDENT: Hello, Fredricka. Primarily because of the building behind me, the Brook Army Medical Center. It is that place that has been tasked by the U.S. Army to receive all former POWs, those who have been held captive. Anyone who was a POW in recent years would be brought through here, they have the expertise, training, teams that are standing by.

They assist all former POWs. Bowe Bergdahl happens to be one of them. They have hundreds ready to help. The question is when and that we do not have an answer for. Usually when you have a former POW, they would be in Landstuhl for 48 hours and then be transferred here. That hasn't happened. That would indicate that his medical or mental circumstance still requires more aid in Germany before he comes home -- Fredricka.

WHITFIELD: Because one of those things reportedly, he is having a difficult time speaking English I understand. Do you know whether he had any contact with his family members by way of phone or by any means while he has been in Germany?

SAVIDGE: We are told no, he has not. And again, that's sticking pretty much to what is determined medical doctrine when it comes to handling former POWs. The knowledge that the medical teams have here extends back to World War II. They know and have a pretty good idea of the difficulties that these former captives go through transitioning back to life.

The reunion part is extremely emotional and want to handle it under carefully controlled circumstances, not a phone call or Skype kind of thing, it is something that has to be done carefully and would be done at the hospital.

WHITFIELD: Wow, that's incredible. All right, Martin Savidge, keep us posted there, appreciate it.

In North Carolina, this is the place where close friends of Maya Angelou have been talking in such a personal way about what they remember about her, how she had touched their lives.

(COMMERCIAL BREAK)

WHITFIELD: Welcome back. The family and friends of legendary poet, civil rights icon, Maya Angelou are celebrating her life right now at a memorial service in Winston-Salem, North Carolina. The service at Wake Forest University's Wake Chapel. It has been a very moving service so far. Oprah Winfrey gave an emotional speech, tearing up about her friend and mentor. And First Lady Michelle Obama spoke after and she shared powerful words how Angelou impacted her life. We want to play some of that for you right now.

(BEGIN VIDEO CLIP)

OPRAH WINFREY: No matter the time of day or night or the situation, she was always there for me to be the rainbow, and I'm here today to say thank you, to acknowledge to you all and to the world how powerful one life can be, the life of Maya Angelou. The loss I feel I cannot describe. It's like something I have never felt before. She was my spiritual queen mother and everything that that word implies. MICHELLE OBAMA, FIRST LADY: Dr. Angelou's words sustained me on every step of my journey, through lonely moments in ivy covered classrooms and colorless skyscrapers, through blissful moments, mothering two splendid baby girls, through long years on the campaign trail where at times my very womanhood was dissected and questioned. For me, that was the power of my Maya Angelou's words, words so powerful that they carried a little black girl from the south side of Chicago all the way to the White House.

(END VIDEO CLIP)

WHITFIELD: Angelou's son also spoke. We'll have more from this service next hour. Maya Angelou is remembered as a profound author, prolific poet and civil rights icon. She also covered politics closely.

She made an indelible impression at Bill Clinton's inauguration reading her poem on the pulse of the morning. She was a huge advocate of Hillary Clinton during the 2008 presidential campaign. When Barack Obama became the nominee, I asked Maya Angelou if she could support him for president.

(BEGIN VIDEO CLIP)

MAYA ANGELOU, POET, AUTHOR, AND CIVIL RIGHTS ICON: Absolutely. Absolutely behind him. I was with Hillary Clinton with all I have because I believe in her, and I think -- I love the fact that she lasted until the very end. I want a president to be that strong. However, since we are a democracy, majority wants Senator Obama, and she has done the best she could, then I know she's going to put everything she has behind Obama, and so am I. I am his. Senator Obama, I am yours.

WHITFIELD: What did you like about Hillary Clinton?

ANGELOU: I'm sorry? She's a woman. I like the fact she's a woman. There's a world of difference between being a woman and being an old female. But to become a woman is no small matter. It means you fall down and you get up. You fall down and get up. You are not bound sometimes and you get up and get up still living it, still trying to smile, still trying to be the best you can be.

(END VIDEO CLIP)

WHITFIELD: My conversation with Maya Angelou in 2008. CNN political commentator, Donna Brazile is attending Maya Angelou's funeral in North Carolina. She will join me next hour to share what her experience was there in North Carolina today.

And President Obama says he did the right thing by swapping five top Taliban leaders for American POW, Bowe Bergdahl. But did he break the law? I'll ask our legal guys next.

(COMMERCIAL BREAK)

WHITFIELD: Doctors say Army Sergeant Bowe Bergdahl is getting better every day. He is recovering at a U.S. military medical center in Germany. A week after he was rushed onto a Black Hawk helicopter by U.S. Special Forces and then flown to safety. There are a lot of legal questions surrounding President Obama's decision to swap Bergdahl for five top Taliban leaders.

Let's bring in our legal guys, Avery Friedman, a civil rights attorney and law professor in Cleveland. Good to see you.

AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: Hi, Fredricka.

WHITFIELD: Hello. And Richard Herman, a New York criminal defense attorney and law professor joining us from Las Vegas. Good to see you as well, Richard.

RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: Hi, Fred.

WHITFIELD: OK, so gentlemen, a lot we don't know how Bergdahl ended up in Taliban custody in the first place. We know that some troops that served with him in Afghanistan say he is a deserter. We know in other ways he conveyed to family members he was disillusioned by the war.

So Avery, if there is an investigation that leads to some legal charges or inquiry about whether any laws were broken on his behalf, what are we looking at? What has to be determined first as to whether he was indeed a deserter or somebody disillusioned and made a dumb mistake?

FRIEDMAN: Well, I think first of all it is important to not mix-up the issue. Under Article 2 of the Constitution, the president as commander-in-chief had an absolute right to do what was necessary to save one of our own in the armed forces, so that's separate from the issue that we're basing assumptions on.

Under Article 2 of the Uniform Code of Military Justice, there is a process, there's sort of like a grand jury. But that is far away now. I think the problem here is mixing up the two issues, the power of the president versus what would happen if some of the statement, anecdotal evidence is true, and that's what's so troubling here.

WHITFIELD: All right, so let's back it up then. Richard, if we are talking about lawmakers that say the president broke the law by not consulting with members of Congress and allowing them 30 days to digest all of the information, and that the president went it alone as commander-in-chief, what has to be determined here as to whether the president broke the law or if he did something that is, you know, within his power to do?

HERMAN: Well, Fred, the law is his law. It was enacted in 2014, this obligation to provide 30-day notice with respect to prisoners at Guantanamo and negotiating their release. Technically speaking, on a technical basis, he did break the law. He did not provide 30-day notice. As Avery said, and I agree with Avery on this, the constitution provides certain executive authority to him as the commander-in-chief to make a determination on his own without going to Congress and that's what he did. Whether he was right to do it or not to do it, we don't know yet. We don't know all the facts here. We don't know if Bergdahl's life was in danger. We don't know if he was in ailing physical condition as the allegations here are and proof of life video seems to indicate. We don't know these things, Fred.

Any commentators giving responses don't know yet, it is too early to determine. It may be a technical violation. He may have had the authority to do it constitutionally as president.

WHITFIELD: There are an awful lot of different directions, legal routes to be taken with regard to Bergdahl and the president. As history has it, no POW has ever been prosecuted anyway. So if the issue continues to be a question as to whether he did desert and whether indeed the six army soldiers whose lives were taken in the search and rescue mission of him, could he potentially be facing any charges as relates to their deaths?

FRIEDMAN: Well, you know, that's very troubling. "The New York Times" actually dug into these issues, and while we are not going to challenge the statements of the six privates and sergeants and corporals, the fact is that the onslaught by Taliban occurred two months before the search and rescue effort, so the idea that somebody is blaming, and that is politicians in particular, blaming the president essentially for these deaths I think is absolutely outrageous.

I think we need to respect the process, the Uniform Code of Military Justice will address those issues, and let me tell you something, Fredricka. We are a long way from even starting that process. The assumptions I think are very unfair and frankly I think they're illegitimate.

WHITFIELD: Richard, you were nodding your head, why?

HERMAN: I think, Fred, on bits and pieces on conjecture. I think when they bring him back, deem him suitably fit, I think they're going to bring court-martial charges against him. If he voluntarily deserted, it is warranted, and they'll do that, Fred. What can happen to him, because we're not in a state of war, maximum five-year incarceration, he has already been a prisoner of war. They may give him dishonorable discharge. That may be how it ends up.

WHITFIELD: He has to get out of Germany and make it back to the states. OK, Avery, Richard, thanks so much. We have another case we want you to delve into involving two 12-year-old girls charged with killing their friend, stabbing her multiple times. They say they did it to impress this creepy internet character, "Slenderman."

(COMMERCIAL BREAK)

WHITFIELD: This is a shocking story. Two 12-year-old Wisconsin girls accused of stabbing a friend and classmate 19 times. Police say the girls told them they did it to impress "Slenderman," a fictional internet character that often appears in horror stories, videos and images. Our legal guys are back, Avery Friedman in Cleveland and Richard

Herman in Las Vegas. Gentlemen, this is so disturbing and upsetting. We want to say the victim in this case has been treated and has been since released from the hospital after the 19 stab wounds. Amazing. Her family says she's getting better every day.

So Richard, the suspects, 12-year-olds, charged as adults with attempted first degree intentional homicide. Appropriate? Should they be treated as adults?

HERMAN: Fred, Wisconsin is a very tough state on minors, and they're compelled by law in Wisconsin to charge them as adults. Now, should that be done? We punish people based on their mental intent, Fred. Here, these two 12-year-olds planned over and over again, carefully calculated this attempted homicide on their friend. They seduced the friend to come, they knew what they were doing.

WHITFIELD: Apparently since February.

HERMAN: They knew what they were doing here. They're being charged. The Supreme Court recently rules on cases where minors are involved, you cannot give the minor a death penalty and cannot give them life in prison. Potentially on this charge being charged as adults, they could face 65 years in prison. Is that akin to life in prison without parole? I don't know, these are legal issues down the road.

In order to remove it from this court to a family court, they will have to show by preponderance of evidence that if convicted, they will not receive the same treatment in the state court they're being tried in. That's the test. I think they're going to be tried as adults -- Fred.

WHITFIELD: Wow. Avery, the argument is they're minors, brains aren't fully developed, aren't able to reason and discern between reality and fantasy, that might be the approach. Might they make a convincing argument to that degree?

FRIEDMAN: Well, I mean, there are 12-year-olds that clearly as a general rule are not developed enough to make the sort of judgments that adults make, and if they're being tried as adults, I would suppose if I were a criminal defense lawyer, that's the argument one would advance. But it seems to me, but it is especially complicated, we're not dealing with one, we're dealing with two young women, who planned this.

I think you mentioned since February. This thing happened last Saturday. So there has been clearly a concerted, deliberate intent to kill their friend. What strikes me is the impossibility, I use that word advisably, of someone thinking straight. We need a lot of testing and information before this case will ever go to trial.

WHITFIELD: Yes. It is disturbing. Hard to imagine how this could happen, how it could be carried out, how in the world it goes forward in the prosecution of it. All right. This other situation, Avery, I want your take on this particularly because you are good friends with the ailing iconic radio personality, Casey Kasem, and this whole fight over his disposition is just extraordinary.

Just recently his rep says that Kasem is now in critical condition, and the reps word, "won't be with us much longer," end quote. The 82- year-old has been in a Washington State hospital since last Sunday. So you know the family well, Avery. Are you surprised even though his children from his first marriage are in a heated legal dispute with his second wife, his daughter has asked both sides be there at Kasem's side, that they come together.

FRIEDMAN: Well, this is really hard to talk about, Fredricka. This is a very special man, as pure a person as I've ever known on earth. And it is true, the family claims the bedsores are into the body, into the organs, into the spine, and he doesn't have much longer to live, so I think the children have done the right thing in trying to get the entire family around to be with Casey based on the likelihood that he is not going to be around much longer.

WHITFIELD: I know this is hard for you, too. So many of us have admired and loved Casey Kasem for many years. I among them grew up listening to the countdown every Sunday. We are trying to stay abreast of all that's taking place and wishing the best for him and his loved ones, including you, Avery. Thanks so much. Appreciate it.

Our legal guys are with us every weekend about this time giving their take on the most intriguing cases, and this one in particular really hitting a personal note. We will be right back.

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WHITFIELD: No doubt, Hillary Clinton fans and enemies are looking forward to getting their hands on her much anticipated memoir. Brianna Keilar has details on the juicy stuff between the covers of "Hard Choices" -- Brianna.

BRIANNA KEILAR, CNN SENIOR POLITICAL CORRESPONDENT: Fred, for Hillary Clinton, this is about driving the sale of books and also keeping herself well positioned, should she decide to run for president. If she throws her hat into the ring, she needs to distant herself from some of President Obama's decisions, and her book may provide the road map to her message.

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KEILAR (voice-over): In her much anticipated memoir, first obtained by CBS News, Hillary Clinton details her role in negotiations to secure Army Sergeant Bowe Bergdahl from Taliban forces in Afghanistan.

SENATOR JOHN MCCAIN (R), ARIZONA: That's not how war works.

KEILAR: The controversy surrounding his release in exchange for five top Taliban leaders likely does not surprise her. She writes, "I acknowledged as I had many times before that opening the door to negotiations the Taliban would be hard to swallow for many Americans after so many years of war."

Clinton's starkest difference of opinion with President Obama is on Syria's civil war. She pushed him to arm moderate rebels but he disagreed. "No one likes to lose a debate, including me," she says, "but this was the president's call and I respected his deliberations and decision."

Clinton offers her strongest yet for voting in 2002 to authorize use of force in Iraq. A vote that cost her liberal support in 2008. "I wasn't alone in getting it wrong, but I still got it wrong, plain and simple," she writes. She spokes warmly of her relationship with Obama, which grew out of a bitter primary battle.

PRESIDENT OBAMA: You're likeable enough.

CLINTON: Thank you so much.

KEILAR: She describes their first meeting after she dropped out of the race. "We stared at each other like two teenagers on an awkward first date," she says, "taking a few sips of shard on a. Barack and I and our staffs had long lists of grievances. It was time to clear the air." But she didn't go to bat for Obama right away.

MCCAIN: Governor Sarah Palin.

KEILAR: Describing a request from his campaign to knock Sarah Palin when Republican candidate, John McCain, picked her as his running mate. "I was not going to attack Palin just for being a woman, appealing for support from other women. I didn't think it made political sense and it didn't feel right, so I said no."

Perhaps an appeal to women voters who will be extremely important to Clinton should she run for president. On a lighter note, Clinton reveals how she maintained her exhausting travel schedule that often left her jet lagged. "I drank copious cups of coffee, sometimes dug the fingernails of one hand into the palm of the other," she says.

She gets personal about her daughter's 2010 wedding calling, "It one of the happiest and proudest moments of my life. So many thoughts went through my head," she writes.